REVISITING HARM CAUSED BY ILLEGAL ENTRPRENEURIAL ACTIVITIES

Abstract

In the Russian Federation, everyone is guaranteed the right to freely use their property and skills to carry out entrepreneurial activities. The State is taking a set of measures aimed at both stimulating the population to engage in entrepreneurship and creating the most comfortable conditions for its implementation. However, providing entrepreneurs with ample opportunities to accomplish their intentions, unfortunately, not only gave rise to such a phenomenon as illegal entrepreneurship, which is a deterrent to the further development of market relations, but also promoted the growth of economic crimes. The analysis of law enforcement practice indicates that the preliminary investigation bodies are experiencing significant difficulties in determining the amount of damage caused by the crime in question. The dialectical-materialistic method of scientific cognition, analysis, synthesis and statistical method are used as the methodological basis of the research. The purpose of the research is to determine the amount of income received and the damage caused by illegal entrepreneurship. The achievement of this goal predetermined the need to consider various approaches to the interpretation of such a concept as "income from a crime under Article 171 of the Criminal Code of the Russian Federation". Within the framework of this study, a classification of damage from illegal entrepreneurship is proposed, depending on the subjects to whom it may be caused, and the need to include the loss of profits of the affected persons in the composition of the damage from the crime under consideration is analyzed.